MFF 0021-PAK: Power Distribution Enhancement Investment Program Proposed Tranche 3

Transcription

1 Resettlement Plan October 2012 MFF 0021-PAK: Power Distribution Enhancement Investment Program Proposed Tranche 3 Prepared by Islamabad Electric Supply Company for the Asian Development Bank.

2 ISLAMIC REPUBLIC OF PAKISTAN Pakistan - Power Distribution Enhancement Program ADB MFF Tranche 3 Replacement of Burhan- New Wah Cct 1 &2 132 kv Transmission Line Subproject Land Acquisition and Resettlement Plan Islamabad Electric Supply Company (IESCO) GOVERNMENT OF PAKISTAN OCTOBER 2012 Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct 2012 i

3 Table of Contents ABBREVIATIONS... III DEFINITION OF TERMS... IV EXECUTIVE SUMMARY... V 1. INTRODUCTION BACKGROUND DESCRIPTION OF THE SUBPROJECT COMPENSATION AND REHABILITATION FRAMEWORK POLICY PROVISIONS, ELIGIBILITY AND ENTITLEMENTS ADB S SAFEGUARD POLICY STATEMENT (SPS) REMEDIAL MEASURES TO BRIDGE THE GAP LAND CLASSIFICATION LAR APPROACHES FOR THE SUBPROJECT COMPENSATION ELIGIBILITY AND ENTITLEMENTS FOR THE PROJECT ELIGIBILITY COMPENSATION ENTITLEMENTS ASSESSMENT OF COMPENSATION UNIT VALUES ASSESSMENT OF IMPACTS RESETTLEMENT FIELD SURVEY MINIMIZATION OF IMPACTS IMPACTS OF THE SUBPROJECT General Description Impacts of Towers Impacts of TL Corridor (Stringing) Other Impacts and Summary AFFECTED HOUSEHOLDS General Significance of Impacts SOCIO-ECONOMIC PROFILE OF AFFECTED PEOPLE CENSUS OF AFFECTED HOUSEHOLDS Field Methodology General Information on Affected Households Indigenous People DATA ON HEADS OF AFFECTED HOUSEHOLDS DATA ON AFFECTED HOUSEHOLDS General Housing Livelihood and Incomes Poverty Literacy INSTITUTIONAL ARRANGEMENTS PAKISTAN ELECTRIC POWER COMPANY (PEPCO) Distribution Companies (DISCOs) Technical Assistance (Consultants) ISLAMABAD ELECTRIC SUPPLY COMPANY (IESCO) Planning Division General Manager Development Grid System Construction (GSC) Division DISTRICT GOVERNMENT RESPONSIBILITY FOR INTERNAL MONITORING CONSULTATION AND DISCLOSURE Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct 2012 i

4 6.1 CONSULTATION UNDERTAKEN FOR THE LARP COMPENSATION OPTIONS DISCUSSED LARP DISCLOSURE GRIEVANCE REDRESS PROCESS BUDGET FOR LAND AND ASSET ACQUISITION BASIS FOR COMPENSATION DETERMINING THE RATES FOR COMPENSATION BUDGET FOR LAND AND ASSET ACQUISITION IMPLEMENTATION SCHEDULE MONITORING AND EVALUATION INTERNAL MONITORING INDICATORS FOR MONITORING AND EVALUATION RESETTLEMENT DATABASE REPORTING REQUIREMENTS APPENDIX 1: LEGAL & POLICY FRAMEWORK Land Acquisition Act, Telegraph Act (TA), ADB S SAFEGUARD POLICY STATEMENT APPENDIX 2: LIST OF DISPALCED HOUSEHOLDS (REPLACEMENT OF BURHAN NEW WAH 132 KV TL) APPENDIX 3: LIST OF PARTICIPANTS IN CONSULTATION SESSIONS (REPLACEMENT OF BURHAN NEW WAH 132 KV TL) APPENDIX 4 DRAFT PUBLIC INFORMATION BROCHURE (REPLACEMENT OF BURHAN NEW WAH TL, IESCO) Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct 2012 ii

5 Abbreviations ADB Asian Development Bank ADB TA ADB Technical Assistance (Grant for Project preparation) CED Chief Engineer Development (IESCO) DISCOs (Power) Distribution Companies (IESCO is one of 8 DISCOs in Pakistan) DHs Displaced Households DOR District Officer, Revenue (LAC: Land Acquisition Collector) DPs Displaced Persons ESIC Environmental and Social Impact Cell (IESCO) ft foot / feet (3.28 ft = 1 m) GRC Grievance Redress Committee IESCO Islamabad Electric Supply Company IPDF Indigenous Peoples Development Framework IPDP Indigenous Peoples Development Plan KAA Katchi Abadis Act, kanal unit of land measurement: 1 kanal = 20 marlas (= 506 m 2) ; (8 kanal = 1 acre) km kilometer kv kilo-volt LAA Land Acquisition Act, 1894 (amended) LAC Land Acquisition Collector (DOR: District Office, Revenue) LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan m meter marla smallest unit of land measurement: 1 marla = ft 2 (= m 2 ) MOWP Ministry of Power and Water MRM Management Review Meeting NGO Non-governmental organization PEPCO Pakistan Electric Power Company (Program Coordinator for all the 8 DISCOs) PD Project Director PIB Public Information Brochure PIC Project Implementation Consultant PPTA Project Preparatory Technical Assistance RFS Resettlement field survey ROW Right-of-way Rs. Pakistani rupees (currency): Rs. 95 = US$1.00 TA Telegraph Act, 1885 (amended 1975) TL Transmission Line TOR Terms of Reference WAPDA Water and Power Development Authority Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct 2012 iii

6 Definition of Terms Displaced Persons (DPs) Compensation Cut-off-date Encroachers Entitlements Land acquisition Non-titled Poor Replacement cost Sharecropper Significant impact Vulnerable Displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value. means the date after which people will NOT be considered eligible for compensation i.e. they are not included in the list of DHs as defined by the census. Normally, the cut-off-date is the date of the detailed measurement survey. mean those people who extend their occupation beyond the lands they legally own; usually not entitled to compensation but at times provided with assistance if they are vulnerable. mean the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to DHs, depending on the type and degree nature of their losses, to restore their social and economic base. means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation. means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant i.e. those people without legal title to land and/or structures occupied or used by them. ADB s policy explicitly states that such people cannot be denied compensation. means those falling below the official national poverty line (equivalent to 2,350 calories per day) of Rs per person per month (2004). The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account means the same as tenant cultivator or tenant farmer, and is a person who cultivates land they do not own for an agreed proportion of the crop or harvest. means 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating). means any people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and includes; (i) female-headed households with dependents; (ii) disabled household heads; (iii) poor households (within the meaning given previously); (iv) landless; (v) elderly households with no means of support; (vi) households without security of tenure; (vii) ethnic minorities; and (viii) marginal farmers (with landholdings of five acres or less, i.e., two hectares or less). Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct 2012 iv

7 Executive Summary 1. The Subproject: The Replacement of Burhan- N/Wah Cct 1 &2 132kV transmission line subproject has been prepared by Islamabad Electric Supply Company (IESCO) to improve electric power supply in Attock district as this 132 KV transmission line feeds New Wah 132 kv grid station from 220 KV grid station Burhan. The existing 132 KV Transmission Line s conductor is lynex having 300 ampere current flow capacity will be replaced by new 132kV double circuit transmission line having 600 ampere current capacity with rail conductor. The length of this transmission line is 13 km long. The transmission line route already exists. The transmission line will traverse Private cultivated and broken land, government land, one Housing society and five villages, of district Attock. 2. Resettlement Impacts. The Replacement of Burhan- N/Wah Cct 1 &2 132kV transmission line will pass through government land, one Housing society and five villages of Attock; and temporarily affects land with agricultural crops and 61 trees. The subproject will affect a total of 27 households (DHs) losing agricultural crops, trees and partially damages to 10 structures. In Mona Nagar and Iqbal Nagar people have been constructed structures under the existing transmission line, which will be partially damaged during stringing of transmission line. As none of the DHs are to be displaced or lose more than 10% of their productive assets, the resettlement impacts will be insignificant. 3. Compensation and rehabilitation for losses and impacts will be provided in accordance to the following matrix (see Table 1 below). This entitlements matrix contains provisions for the actual impacts of this Subproject. Table 1: Compensation Eligibility and Entitlements Matrix for This Subproject Asset Specification Affected People Compensation Entitlements Arable Land temporarily affected by construction of towers or TL. Crops Trees Structures Access is not restricted and Farmer, existing or current land use will Titleholder remain unchanged by the (27 DHs) construction of towers and transmission line Crops affected (damaged/lost) Trees removed May get partially damage All Affected DHs / Landowner- Farmers (18 DHs) No land compensation provided that land is rehabilitated/restored to former quality following completion of works. Compensation, in cash, for all damaged crops and trees as per item below Tower impacts: Cash compensation at market rate based on actual impact for a maximum of 3 harvests) Line corridor (stringing activity): cash compensation at market rate of 1 harvest. Affected Farmers Cash compensation shall reflect income (11 DHs) replacement Affected Owners Cash compensation shall reflect (10) replacement cost if damages occurred. 4. Cut-off-Date. Compensation eligibility will be limited by the cut-off-date on completion of the final census after the line route survey is finalized. The DHs that settle in the affected areas and/or make changes in the land use patterns after this cut-off-date will not be eligible for compensation. They will, however, be given a three months notice requesting them to vacate the premises/corridor and dismantle the affected structures and/or other establishments (if any) prior to project implementation. 5. Significance of Impact. This subproject will require no permanent land acquisition for the transmission line. The construction of transmission line will affect only crops, trees and built-up structures (partially). The towers will be construction in the existing rout in one urban housing society or have a low-bar to restrict area. As there will be no restriction on use of, or access to, the land after the construction works, there will be no permanent loss of land. No asset will be lost permanently affected, no people will be displaced, and none of the 27 DHs will lose more than 10% of the productive assets. Overall, the resettlement Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct 2012 v

8 impacts of this Subproject will be insignificant, and therefore, this land acquisition and resettlement plan (LARP) has been prepared. 6. Indigenous People Issues. All of the 27 DHs are Muslim and ethnically Punjabi and Pashtoon. None of these households is under national poverty line and none is headed by a woman. The ADB s Policy on Indigenous People, as specified in the Indigenous Peoples Planning Framework (IPPF) prepared for this program is not triggered, and therefore neither an IPP nor special action is required for this subproject. 7. Disclosure and Consultation. A land acquisition and resettlement framework (LARF) has been prepared and endorsed by IESCO for the program, and has been translated into Urdu and disclosed according to ADB s public communications policy. The LARF has also been uploaded to ADB s website. For the preparation of this LARP, consultation has been undertaken, on behalf of IESCO, through a series of meetings with local government agencies, affected households (DHs), as well as wider community group meetings of both men and women. The resettlement field survey (RFS) was a participatory process, with the head of household assisting in the identification and calculation of losses. Further consultations will be carried out by IESCO during the implementation of this LARP. The LARP will also be summarized, translated and disclosed. 8. Grievance Mechanism. There is a process established to deal with any issues or concerns raised on any aspect of the LARP or compensation process. The verbal or written grievances of DHs will be heard by Grievance Redress Committee (GRC) to be established to assist IESCO in solving the APs grievances. 9. Cost of LARP. The compensation costs used herein are based on the unit rates derived through consultations with the LAC. The actual quantities of the affected assets (crops and trees), and their unit prices applied and compensations assessed are provided in Chapter 8 (Tables 8.1). The total cost of this LARP including compensations for the affected structures, crops and trees have been estimated at Rs. 1.6.M (US$. 0.01). Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct 2012 vi

9 1. Introduction 1.1 Background 10. The Government of Pakistan has requested financing from the Asian Development Bank (ADB) for implementing the Power Distribution Enhancement Investment Program (the Program), to be executed through a Multi-tranche Financial Facility (MFF) divided into three tranches or groups of subprojects. 11. The Pakistan Electric Power Company (PEPCO) is the Executing Agency (EA) and the Islamabad Electric Supply Company (IESCO) is the Implementing Agency (IA). Each of the Program s tranches will constitute a project which, in turn, will be divided into several subprojects involving the construction and/or upgrading of the substations and transmission lines. 12. This Land Acquisition and Resettlement Plan (LARP) has been prepared for construction/replacement of a 13 Km long Burhan to New Wah 132kV transmission line in Attock district. This Subproject has been included in Tranche 3 of the Program, and prepared by IESCO to fit the Land Acquisition and Resettlement Framework (LARF) prepared for the Program. As such, the subproject will comply with the following land acquisition and resettlement (LAR)-related conditions: PMU/PIU and ESIC issuance of notice to proceed for the implementation of the subproject s civil works will be contingent to the full implementation of compensation detailed in this LARP. 13. According to the ADB, SPS, Resettlement impacts are considered significant if > 200 people are physically displaced from housing or lose 10% or more of their productive assets (income generating) are classified as category A. Projects which will create non-significant impacts are classified as category B.. In both cases, a LARP is prepared. 14. While the number of households affected by the subproject is 27, the magnitude of impact is minor because the impacts are temporary and none of DHs will have to be rehabilitated or lose any of their income generating assets. Therefore this LARP has been prepared for this 132kV TL Subproject. 15. The following sections of this LARP detail: (i) the principles and eligibility/ entitlement criteria for compensation or rehabilitation of DHs; (ii) the LARP institutional organization; (iii) the various LARP implementation mechanisms (information disclosure, participation and consultation, grievance redress and, monitoring and evaluation); and, (iv) time schedule and budget. 1.2 Description of the Subproject 16. IESCO has planned to upgrade the capacity of this existing transmission line by remodeling. The activity has been included as a Subproject in Tranche 3 of the ADB-funded Power Distribution Enhancement Program. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

10 2. Compensation and Rehabilitation Framework 17. This section provides a summary of Pakistani laws and regulations on land acquisition and resettlement and ADB Policy on Involuntary Resettlement. 2.1 Policy Provisions, Eligibility and Entitlements 18. Regarding matters of land acquisition relative to subprojects requiring the application of the right of eminent domain, LARPs are regulated by different bodies of law, in particular the Land Acquisition Act (LAA) of 1894 covering land acquisition for stations and towers in urban areas and the Telegraphic Act of 1885 covering the construction of towers in rural areas. The Katchi Abadis Act of 1987 will cover the rehabilitation of affected squatters. 19. As this specific subproject does not trigger application of any one of the above mentioned laws and only requires compensation for the loss of crops and trees at the current market rate, we assume any explanation of these laws here will be irrelevant. However for confirmation and reference we are putting summaries of these laws in the following sections and the full text is appended as Appendix ADB s Safeguard Policy Statement (SPS) 20. The ADB SPS Involuntary Resettlement Principles are based on the following principles: Objectives: To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. Scope and Triggers: The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. Policy Principles: 1. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. 2. Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

11 concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. 3. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. 4. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. 5. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. 6. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. 7. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for Resettlement assistance and compensation for loss of non land assets. 8. Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. 9. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. 10. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

12 11. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. 12. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 2.3 Remedial Measures to Bridge the Gap 21. In principle, Pakistan Law and ADB Policy adhere not only to the objective of DH compensation, but also to that of DH rehabilitation. However, Pakistan law is unclear on how rehabilitation is to be achieved and in practice the provision of rehabilitation is left to ad hoc arrangements of local governments and project proponents. To clarify these issues and reconcile gaps between Pakistani Laws and ADB Policy, the IESCO will comply with the LARF prepared for the program, ensuring compensation at replacement cost for all items affected. 2.4 Land Classification 22. In terms of application of the LARF prepared for the program, identifying the type of land affected is an important step in determining whether land is to be compensated or not. According to the LARF, the land classification, as well as, land use will be the basis for identifying the affected lands. They are: (i) urban versus rural lands; and, (ii) residential/commercial versus agricultural lands. 23. Urban or residential/commercial land affected by tower construction both in rural and urban areas will be considered as acquired permanently and land compensation will be paid to the affected households. Agricultural land in rural areas, instead, will not be considered as permanently affected as long as permanent cultivation and access remains possible under a tower and therefore will not be acquired and compensated. However, when land under a tower become un-accessible agricultural /rural land will be considered as permanently affected and as such acquired and compensated. 24. For the Project Urban and Rural areas will be identified based board of revenue records. Also for the Project residential, commercial and agricultural plots will be identified based on the classification provided by district revenue records or based on the actual use of the affected land prior to the entitlements cut-off-date. In case of discordance between revenue records and actual use the latter will prevail. 2.5 LAR Approaches for the Subproject 25. As specified in the LARF, the construction of Towers and Distribution lines will have to be carried based on the exercise of the right of Eminent Domain and will trigger the application of the ADB SPS Impacts reparation for these items under the subproject will be carried out based on the compensation eligibility and entitlements framework presented in the next sections of this chapter. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

13 2.6 Compensation Eligibility and Entitlements for the Project 26. Land acquisition tasks under the program, and for this IESCO subproject, will be implemented according to a compensation eligibility and entitlements framework in line with both Pakistan s law/regulation and the ADB SPS Policy. A summary entitlements matrix for all the actual resettlement impacts is provided in Table 2.2 below. Table 2.2 Compensation Eligibility and Entitlements Matrix Asset Specification Affected People Compensation Entitlements Arable temporarily affected construction towers or TL. Structures Crops Trees Land Access is not restricted and by existing or current of land use will remain unchanged by the construction of towers and transmission line May get partially damaged Crops affected (damaged/lost) Trees removed Farmer, Titleholder (27 DHs) Leaseholder (registered or not) No land compensation provided that land is rehabilitated/restored to former quality following completion of works. Compensation, in cash, for all damaged crops and trees as per item below No land compensation provided that the land is rehabilitated/restored to former quality following completion of works. Compensation, in cash, for all damaged crops and trees as per item below Cash compensation shall reflect replacement Affected Owners (10) value if damages occurred. All DHs/ Landowner- Farmers (18 DHs) Affected (11 DHs) Farmers Tower impacts: Cash compensation at market rate based on actual impact for a maximum of 3 harvests Line corridor stringing: cash compensation at market rate of 1 harvest. Cash compensation shall reflect income replacement 2.7 Eligibility 27. The DHs entitled to compensation and/or rehabilitation under the program are: All DHs affected by restricted access to, or use of, land whether they have legal title/traditional land rights or not; Tenants and sharecroppers whether registered or not; Owners of buildings, crops, plants, or other objects attached to the land; and DHs losing business, income, and salaries. 28. Compensation eligibility will be limited by a cut-off-date to be set for each subproject on the stating day of the DH census and impact assessment. DHs who settle in the affected areas the cut-off-date will not be eligible for compensation. They will, however be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or sanction. Forced eviction will only be considered all other efforts are exhausted. 29. Cut-off-date: Compensation eligibility will be limited by a cut-off-date fixed on completion of the final census after the line route survey is finalized for this 132 kv double circuit transmission line subproject. DHs that settle in the affected areas and/or make changes in the land use patterns this cut-off-date will not be eligible for compensation. They will, however, be given sufficient advance notice requesting them to vacate premises/corridor and dismantle affected structures and/or other establishments (if any) prior to project implementation. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

14 30. They will be allowed to reuse their salvaged material for free and they will not be asked to pay any fine for making those change. Forced eviction will only be considered all other efforts are exhausted. 2.8 Compensation Entitlements 31. Entitlement provisions for DHs affected by restricted access to, or use of, land, and income losses and rehabilitation subsidies will include provisions for such land losses, house and buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or lump sums. These entitlements are detailed below: Crops: Cash compensation at current market rate for the harvest actually lost up to 3 harvests being as it may be winter or summer crop (for crops affected by towers); 1 harvest being as it may be summer or winter crop (for crops affected by the line stringing). Compensation will be paid to the landowners.. Trees: Cash compensation shall reflect income replacement Structures: Cash compensation shall reflect income replacement. 2.9 Assessment of Compensation Unit Values 32. The methodology for assessing unit compensation values of different items is as follows: Crops will be valued at net market rates at the farm gate for the first year crop. In the eventuality that more than one-year compensation is due to the DHs the crops after the first will be compensated at gross market value. Wood trees will be valued based on the market rates. Fruit trees will be valued based on age category (a. seedling; b. not yet productive; c. productive). Productive trees will be valued at gross market value of one year income multiplied by the number of years needed to grow a new tree with the productive potential of the lost tree. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

15 3. Assessment of Impacts 3.1 Resettlement Field Survey 33. The finalized technical design of the subproject was made as mandatory prerequisite for carrying out the resettlement field surveys (RFS). The design included the identification and layout of the site and technical drawings showing line profile with spotting of bases for the tower/poles. Having these pre-requisites, the RFS team undertook fieldwork by actively involving the IESCO s technical surveyor. The impact assessment involved quantification and costing of the affected area and assets through a participatory approach, socioeconomic data on DHs, and consultation with gender-segregated groups of affected community members The RFS team comprised of Assistant Manager (Social Impact), one field surveyor, and the IESCO s site Engineer. The field surveys were carried out 28 September Information about the cut of date was communicated to affected households and their communities during the community consultation sessions (see Chapter 6), and will be communicated again through Public Information Brochure (PIB) in Urdu. They were clearly told that no subsequent changes made in the land use pattern or construction of a structure will be entertained by IESCO for any compensation or assistance under this Subproject. 3.2 Minimization of Impacts 35. The IESCO usually takes all possible steps to safeguard against and minimize the likely adverse impacts on the local communities in the design and implementation of its power distribution enhancement subprojects, involving construction of substations and Transmission Lines. Accordingly, the following specific actions were applied to avoid and minimize the likely resettlement impacts of this Subproject: The transmission line route is already define as the old 132 kv transmission line with Lynex conductor (300 amper capacity) is existing, which will be replaced by new high capacity transmission line having rail conductor(600 amper capacity). Hence have no much impact. 36. As the route is already exist and the transmission line traverses through the open lands, including private agricultural lands where only the agricultural crops and trees will be affected, however in some cases the people have been constructed buildings under the transmission line which may have minor impacts during replacement activity the Subproject. 3.3 Impacts of the Subproject General Description 37. The Burhan New Wah 132kv TL Subproject involves the replacement of old low capacity conductor with new high capacity conductor within the existing route. No land will be acquired permanently for this transmission line. No built-up structures will be affected Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

16 permanently by the construction of this transmission line. However, the construction and stringing of transmission line will affect crops and trees within 30m wide safety corridor. 38. Compensation and rehabilitation for losses and impacts will be provided in accordance to the following matrix (see Table 3.1 below). This entitlements matrix contains provisions for the actual impacts of this Subproject, while an umbrella (LARF) entitlements matrix containing provisions for all the potential impacts is provided in Chapter 2 (see Table 2.2). Table 3.1: Compensation Eligibility and Entitlements Matrix for This Subproject Asset Arable Land temporarily affected by construction of towers or TL. Crops Trees Structures Specification Affected People Access is not restricted and Farmer, existing or current land use will Titleholder remain unchanged by the (27 DHs) construction of towers and transmission line Crops affected (damaged/lost) Trees removed 10 Structures may get affect during stringing activity. All Affected DHs / Landowner- Farmers (18 DHs) Compensation Entitlements No land compensation provided that land is rehabilitated/restored to former quality following completion of works. Compensation, in cash, for all damaged crops and trees as per item below Tower impacts: Cash compensation at market rate based on actual impact for a maximum of 3 harvests) Line corridor (stringing activity): cash compensation at market rate of 1 harvest. Affected Farmers Cash compensation shall reflect income (11 DHs) replacement value House holds Cash compensation shall reflect (10) replacement value in case of any damages 39. Major crops grown in the area are wheat in the Rabi season (winter-spring), and maize and millet in the Kharif season (summer-autumn). This is the dominant cropping pattern in the subproject area. Thus, the subproject s impact assessment has been made on the basis of Wheat, Maize and Millet crop losses. A detailed account of unit rates used and compensations assessed for crops and trees is provided in Chapter Impacts of Towers 40. The 132 kv transmission line will require the construction of 36 towers, of which 27 towers will be constructed on productive farmlands, thereby temporarily affecting cropping land. No private or public land will be acquired permanently, there will be sufficient clearance provided under the towers for convenient mobility of tractors to allow the affected farmers to continue cultivating their lands without restriction. 41. The farmlands under and around towers will, however, be affected temporarily causing loss of crops and trees during the 3-tier process: (i) construction of foundations; (ii) erection of towers; and, (iii) stringing of power cables. The cash compensation will be paid to the farming households affected by the tower construction for the loss of their crops for three consecutive cropping seasons. 42. Of the 36 towers, 27 towers will be constructed on productive croplands, while one tower will be constructed in barrenland. For tower installation, crops and trees in an area not only under the tower, but also in a small perimeter surrounding it as the access, working and storage areas, will be affected by the construction works. This area is assessed to be 900 m 2 per tower. Thus, the 36 towers will affect temporarily a total of 32,400 m 2 of land. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

17 3.3.3 Impacts of TL Corridor (Stringing) 43. The sections of the transmission line falling in-between the towers, termed herein as TL Corridor, will cause damage to, or loss of, crops during the stringing of power cables. This last activity is usually carried out rapidly in one stretch at a time, and completed in one cropping season, for which one-crop compensation will be paid. All the DHs will also be compensated for the loss of their trees that are located within the 30m wide corridor Other Impacts and Summary 44. Overall, a total of 27 households will be affected by the construction of this 132 kv transmission line. In addition to crops, a total of 61 trees fall within the 30m wide corridor of transmission line. The trees found in scattered form along field boundaries. Compensation for the affected trees will be paid for once on their initial removal. 45. The people have constructed structures (Houses, Shops etc) under the transmission line and these structures may be damaged during stringing activities. 3.4 Affected Households General 46. The construction of 13 Km long transmission line will traverse farmland in five villages of Attock district. All DHs will experience temporary effects on their land, in terms of losses of crops and trees Significance of Impacts 47. The impact of the temporary effects on land, in terms of losses of crops and trees will be minor or insignificant for all the 27 DHs. The DHs own relatively large farms with highly fertile land, and none will lose >10% of their total crop. The overall crop loss is insignificant, as it averages at 6.3%, and ranges from 3.71% to 8.47% of the total crops. 48. Moreover, there are no vulnerable people among these DHs; none of the DHs are found on or below the national poverty line, and include families in a joint/extended family system which also assists in providing a safety net against external economic shocks. Finally, the overall impacts on the villages are very minor. 49. Structures Affected: Ten (10) Structures belonging to 10 households may be partially damaged. The structures are semi pacca sheds and farm houses. All efforts will be made during detailed design to avoid damages. Compensation at replacement value based on the year of damage will be paid if the houses are damaged. Details will be provided in the updated LARP. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

18 4. Socio-Economic Profile of Affected People 4.1 Census of Affected Households Field Methodology 50. After obtaining the pre-requisite location maps, field layout and profile drawings, revenue records and in-field assistance of a technical surveyor, intensive fieldwork was carried out for preparing this LARP General Information on Affected Households 51. The new 132kV transmission line will cross five villages and one housing society of Attock district. A total of 27 DHs will be affected by the loss of crops and trees, as discussed in the preceding Section 3. All the DHs are Muslim and are ethnically Punjabi and Pashtoon. The language of all DPs is Pahtu & Punjabi (Potohari dialect) Indigenous People 52. None of the DHs are tribal or minority and all land is held in private ownership (i.e. no tribal or communal ownership). Therefore the ADB, SPS principles on indigenous people does not apply. 4.2 Data on Heads of Affected Households 53. All of the HHs in these areas is headed by male member of the family. In terms of age, during public consultation we come to know that mostly heads of households are between 36 and 60 years. There are no elderly (older than 75 years), disabled or bed-ridden heads of households. In terms of literacy and education, most of the consulted persons were literate. 4.3 Data on Affected Households General 54. Households in the subproject area are relatively small, with an average size of 8.0 people per household, which are composed mostly by joint and extended families. The smallest household is made up of 7 people while the largest household consists of 10 people. 55. The land in the subproject area is cultivated under barani (rainfed) conditions with low rainfalls, resulting in low crop production. The people are engaged with business and employment in various sectors, especially in the government departments. The women in this subproject area are educated but some of them are illiterate and look after their domestic works and agriculture land Housing 56. None of the DHs live in simple dwellings (constructed of thatch, sack, bamboo, clay or earth). Rather they all live in medium to large size houses constructed of baked bricks with concrete masonry. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

19 4.3.3 Livelihood and Incomes 57. As all DHs rely on farming for at least part of their income, the tenure of agricultural land is an important factor in terms of security and sustainability of livelihood. Among the DHs, all household heads stated they are the registered land owners. There are no households that rent or lease agricultural land, no households that claim ownership, and no squatters. None of the DPs is a sharecropper or a lease holder. 58. Major part of the income of the DHs is from employment, followed by agriculture, while they draw about 15% of their income from govt & private services and small businesses. On an overall basis, the income of men accounts for 80% as compared to income of women 20%. This shows that the women s contribution to the household income is one-fourth of that of the men. In fact, the men work mostly on the earning side of household economy, while the women work mostly on the saving side of the household economy. Thus both the men and women are equally supporting themselves, and their children and elderly persons in the family Poverty 59. There are no DHs falls below the national poverty line. The average per capita monthly income of these DHs is Rs 11000/- per person per month. There are no vulnerable households displaced Literacy 60. An overall literacy rate of this sub project site is almost 88.5 per cent. Literacy is higher for male DPs with a percentage of 92 as compared to female DPs with a percentage of 67 percent. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

20 5. Institutional Arrangements 61. The institutional arrangements of planning and management of the Power Distribution Enhancement Program (or the ADB-funded Power Distribution Enhancement MFF Project) are described as follows (see also Figure 5.1 overleaf): 5.1 Pakistan Electric Power Company (PEPCO) 62. The Project Management Unit (PMU), PEPCO is the focal organization based in Lahore responsible for the Power Distribution Enhancement Program, for keeping liaison with the Government of Pakistan and Asian Development Bank (ADB) on behalf of all the DISCOs, and taking care of disbursement of funds (including ADB loan) and technical assistance through Consultants to, and coordination of the Program planning and management activities of the DISCOs Distribution Companies (DISCOs) 63. The DISCOs included in the ADB-funded MFF Project (the Program) are: (1) PESCO: Peshawar Electric Supply Company, Peshawar, NWFP; (2) IESCO: Islamabad Electric Supply Company, Islamabad; (3) GEPCO: Gujranwala Electric Power Company, Gujranwala, Punjab; (4) LESCO: Lahore Electric Supply Company, Lahore, Punjab; (5) FESCO: Faisalabad Electric Supply Company, Faisalabad, Punjab; (6) MEPCO: Multan Electric Power Company, Multan, Punjab; (7) QESCO: Quetta Electric Supply Company, Quetta, Baluchistan; and, (8) HESCO: Hyderabad Electric Supply Company, Hyderabad, Sindh Technical Assistance (Consultants) 64. PMU, PEPCO provides technical assistance to all the eight DISCOs through the project implementation and supervision consultant. Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

21 Figure 5.1: Organization for LARP Planning, Implementation and Monitoring PEPCO Project Management Unit (PMU) (Project Coordination) Chief Executive IESCO Project Implementation Consultant (PIC) General Manager Development (GMD, IESCO Subprojects) PIC Consultants LARP Monitoring Consultant Project Director (PD, GSC) (Grid System Construction) Project Implementation Unit (PIU) (Engineers & Patwaris) Board of Revenue Deputy Manager, E&SS (Environmental and Social Safeguard Cell) District LAC IESCO LAC Assistant Manager (Social Impact) Assistant Manager (Environment) Staff / Patwaris Field Patwaris Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct

22 5.2 Islamabad Electric Supply Company (IESCO) 65. IESCO as the implementing agency (IA) bears the overall responsibility for the preparation, implementation and financing of all tasks set out in this LARP, as well as interagency coordination required for the implementation of the Subprojects. As such, it takes care of the preparation/updating and implementation of the LARPs and DDRs, and internal monitoring and evaluation activities (see also Chapter 10: Monitoring and Evaluation). Institutionally, IESCO has three functional divisions, namely, the Planning, Projects and Grid System Construction divisions Planning Division 66. The Planning Division is responsible for preparation of PC-1s, for preparation of load forecasts and feeder analysis. The division is responsible for preparation of the Energy Loss Reduction (ELR) work orders. Formerly subproject preparation and keeping liaison with the Government of Pakistan and Asian Development Bank (ADB), as the donor of this MFF Project had also been the responsibility of this division. But lately the activity has been shifted to the Office of General Manager Development General Manager Development 67. The former Projects Division has now been named as the Office of General Manager Development (GMD), is responsible for the overall planning, management and coordination of the approved Subprojects. The GM Dev is currently being assisted by the Deputy Manager Environment and Social Safeguard (E&SS) and the Assistant Manager (Social Impact) in supervision of Dy. Manager (E&SS) is responsible for LARP/DDR preparation, in preparing the identified Subprojects in line with the ADB Policies, and obtaining approval from the donor ADB. Its major functions include keeping regular liaison with ADB and relevant departments of the federal, provincial and district governments, preparation, updating and implementation of the LARPs and the related monitoring and evaluation activities. 68. The GMD, IESCO has already established an Environmental and Social Safeguard (E&SS) Cell to take care of safeguards related activities. It is headed by a Deputy Manager, and assisted by two Assistant Managers, Environment and Social Impact, respectively. The Assistant Manager Social is responsible for the preparation/updating, implementation and internal monitoring of the Subproject LARPs, with assistance from IESCO LAC and PIC / (SMEC) Resettlement Grid System Construction (GSC) Division 69. The Grid System Construction (GSC) Division is responsible for implementing the approved Subprojects, including construction/improvement of grid stations and transmission lines. This office is headed by the Project Director (GSC), and it will establish Project Implementation Units (PIUs), comprising Engineers and Patwaris, at the respective towns of each Subproject. In addition, PD GSC has an in-house Land Acquisition Collector (LAC) to take care of the land acquisition and resettlement activities. 70. The IESCO LAC, along with his field Patwari in addition to implementation of the LARP activities, will provide in-field assistance to the Resettlement Experts of E&SS Cell. He normally works as an independent entity, but in case of local needs like price updating, grievance redress, etc., may involve the local Union Councils and other leaders at the local levels, and/or the District LACs and Board of Revenue for addressing broader level matters Draft LARP _ IESCO _ Replacement of Burhan to New Wah 132 kv TL Subproject _ Oct